Is Your Company Conducting Annual HR Compliance Audits?
Annual HR compliance audits will uncover areas the company should be concentrating its efforts. If the audit is conducted with internal resources, or with a non-lawyer outside consultant, everything connected with the audit is subject to discovery in litigation relating to employment practices. If an employer uses its outside employment law firm to conduct the audit, the attorney-client privilege may protect communications between the business and its attorney, but the actions taken as a result of the audit are subject to discovery. If the same counsel ordinarily defends the business in employment litigation, the company’s own lawyer may be a fact witness if the audit becomes evidence in the case, and would be precluded from representing the company in the case. Because of these factors, an audit should be performed with full recognition that its results (and, under some circumstances, information accumulated during the audit) may be discoverable and admissible as evidence in a case against the company.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
2012 Will Offer Employers Additional Employment Laws
Employment laws for 2012 will continue to offer challenges to employers. Calling all employers! Wondering what workplace issues to focus on in 2012? Here are the top five employment law issues employers should keep an eye out for in 2012.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
Form I-9 Inspections of Employers Nationwide Continue
Don’t be surprised when ICE comes calling. This is the largest I-9 inspection action since ICE issued 1,000 NOI’s in November 2009 but, unlike the 2009 action, ICE did not publicize its most recent enforcement effort. (For more information on previous inspection actions see our earlier Alerts on this topic.) Nationally, from fiscal year 2009 to date, ICE has initiated I-9 inspections against nearly 4,000 businesses resulting in nearly $7 million in fines.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
Companies Must Know How to Legally Lay Off Their Employees
Human Capital Management
1-303-658-9342
How Important Is the Accuracy of Your I-9 Forms?
If companies are not concentrating on the accuracy of their Form I-9’s fines and penalties are right around the corner. The U.S. government recently released statistics that indicate $7.1 million in fines were levied during the first half of 2011. Although immigration raids have been common before, the focus of Immigration and Customs Enforcement (ICE) today is on auditing and investigating employers to determine if they are satisfying the I-9 form requirements and if they are knowingly or unwittingly employing illegal workers.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
I-9 Compliance in 2012: What Companies Need to Know
The Form I-9 will pose additional problems in 2012, are you ready? In the last few years, the federal government has initiated I-9 audits with increased vigor as a result of both substantially increased funding and public debate about illegal immigration. The audits continue to include companies of all sizes across industries and geographic areas with a continued focus on so-called crucial infrastructure companies (transportation, food, energy, chemical production, among others). These audits should cause companies of all sizes and across the entire United States to review and re-think their I-9 compliance strategies.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
What HR Topics Will You Be Watching in 2012
2012 will pose extreme issues for employers and employees. As we close the books on 2011, many businesses are looking at strategies and tactics for the new year. Given recent waves of market uncertainty, this year poses a unique challenge for decision-makers and C-level executives. While there are numerous financial considerations ranging from healthcare compliance to tepid consumer confidence, human resource managers have been forced to align their practices with the evolving global economy.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
Are Employers Aware of Injuries at the Workplace?
Labor Law Violations Affecting Restaurant Workers
Restaurant workers are being affected by labor laws. If you’ve ever worked as a server at a restaurant, then you know what a slow shift is like. After eight hours on the floor, you only help a handful of tables, and some are inevitably bad tippers. Your base hourly wage probably doesn’t exceed $2.13, and so you end up receiving compensation below the federal minimum wage of $7.25.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
Has Your Company Adopted A Formal Separation Process With Employees?
Company’s should not separate employees from the organization without good reasons. If you are terminating someone and they feel dis-respected they will feel angry. If they feel like they have been mistreated they will look for something to file a lawsuit on. And if you have not been incompliance in wage and hour, or EEO matters, or safety or a myriad of other things that is what they will hang their hat on.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
